Terms + Conditions

When you start design services with MADE BY LIAT, you agree to these terms and conditions. A copy will be included with your contract/welcome kit.  

  1. ‘Made By Liat’ is Liat Veysey trading as Made By Liat.

  2. ‘The Client’ is the party making a booking for design related services from Made By Liat.

  3. ‘Quotation’ or ‘Quotations’ means the design quotation provided to the client in writing by Made By Liat.

  4. ‘Work’ or ‘Works’ means the scope of work and purpose of the client’s identified usage of the work product as described in the quotation.

  5. ‘Service’ or ‘services’ means the service/s to be provided to the client by Made By Liat, as described and otherwise further defined in the quotation.

  6. ‘Deliverables’ means the end product/s to be delivered by Made By Liat to the client, in the form and media specified in the quotation.

The terms and conditions apply to all dealings between The Client and Made By Liat. By placing an order with Made By Liat,  you as a Client are forming a legally binding contract for services and you agree to the following terms & conditions.

QUOTATIONS

  • All quotes are free of charge and valid for 14 days only.

  • All prices are excluding GST unless otherwise stated.

  • All prices are in New Zealand Dollars.

  • Any additional work outside the terms of the quote will be charged at an hourly rate of $40 per/hour.

  • The price for each quote is based on the time investment Made By Liat estimates is needed to accomplish the services required by the client

  • Made By Liat is not responsible for increases in materials by third party services (eg printers, packaging suppliers, web developers) where the increases are beyond its control.

PAYMENTS

  • A 50% non-refundable booking deposit is required before starting any design project.

  • Payments are to be made by bank deposit transfer, paypal or venmo.

  • If payment is made from overseas, there might be a 3% fee.

  • All invoice terms are 5 business days from the date of the invoice.

  • Accounts which remain outstanding for 14 days after the date of invoice will incur an additional payment fee equivalent to 5% of the projects costs for each week payment is outstanding.

  • Final artwork files will not be handed over until the invoice has been paid in full.

  • All work not completed within a 2-month period will be invoiced regardless.

  • Payment is required for any artwork or drafts, that have been terminated on your request at any stage of development, prior to completion. Invoice will be issued as ‘work to date’.

  • If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred (fees/commissions payable to the debt collectors)

DELAYS & CANCELLATION

  • Delays in the proofing process, will interrupt Made By Liat’s job scheduling. The Client will notify Made By Liat of any changes or corrections to proofs supplied to them within 10 business days. If The Client fails to contact Made By Liat within 10 business days of receiving the proof/s to advise Made By Liat of any changes, corrections or final approval, Made By Liat will consider the project finalized.  An invoice will be issued to The Client for payment of work completed.

  • The Client may cancel this Agreement for any reason by providing a minimum of 10 days written notice to Company, any deposit paid prior to cancellation will be non-refundable.

  • Made By Liat may cancel this Agreement at any time for any reason by providing written notice to The Client. In the event that Made By Liat   cancels this Agreement, Made By Liat will provide any artwork completed and paid for to date.

NO GUARANTEES

  • Made By Liat cannot guarantee the outcome of design services and the client’s comments about the outcome are expressions of opinion only.

  • The Client acknowledges that Made By Liat cannot guarantee any results for design as outcomes are based on subjective factors that cannot be controlled by Made By Liat.

COMMUNICATION & CLIENT’S PERFORMANCE

  • Made By Liat is an online business therefore the majority of my communication is made via email, this helps me keep track of specific design requirements & any changes required.

  • The Client must provide the Designer with clear and concise written instructions in a timely manner from receiving the Welcome Kit to allow the Made By Liat to perform the Services in accordance with the projected timeline.

  • If you would like to chat with me on the phone or via video call, I am happy to do so, however it is The Client’s responsibility to please email me and make an appointment for a time to chat.

  • If The Client is unhappy about the progress of the project or feels that Made By Liat is not finding an appropriate angle, The Client agrees to contact Made By Liat to discuss an amicable solution.

ADDITIONAL EXPENSES AND EXPANSION OF THE SCOPE OF WORK

  • 1 hour, in person consultations at a local Nelson, New Zealand public venue are free of charge.  Any travel time (outside of the Nelson region) after work has begun, may have associated costs for on-site consultations. This will be disclosed. 

  • Work falling outside of the scope of the Services requested by the Client, either orally or in writing, will incur additional charges. Work falling outside of the scope of the Services includes, but is not limited to:

    i. additions to the list of Works;

    ii. alterations to text supplied by the Client for use in the Works;

    iii. additional drafts required in the provision of the Services;

    iv. changes to the Client’s instructions or the brief;

    v. changes to any of the Works after the Delivery Date;

    vi. additional consultations; and

    vii. conversion, adjustment or manipulation of images;

  • Where additional work requested outside of the scope of the Services, is in the sole and exclusive discretion of the Made By Liat, substantial, a Schedule of the additional Services and the additional Works must be annexed to the revised Quotation. The provision of those Services and Works will be subject to the terms of this Agreement;

     While Made By Liat maybe not be available on a last-minute request - urgent work requested outside of the scope of the Services which is required outside of ordinary business hours will be charged at an hourly rate equalling the Designer’s ordinary hourly fees of $40/h + a last minute rush fee of $25/h.

CLIENT’S UNDERTAKING AND WARRANTIES

By signing the Welcome Kit and agreeing to the Terms & Conditions outlined here, the Client undertakes and warrants that:

  • The Client will exercise control over the Works. Made By Liat will exercise reasonable care, honesty and diligence in providing the Services. The Client nonetheless warrants that it is responsible for ensuring that the Works are not contrary to law, including:
    i. ensuring that the Works do not infringe the copyright or moral right of any person in relation to any material the Client has provided to Made By Liat;
    ii. ensuring that the Works do not infringe the trade mark rights of any person, including by undertaking trade mark searches where appropriate;
    iii. ensuring that the Works are not by law defamatory of any person;
    iv. ensuring that the Works are not obscene, blasphemous, offensive or discriminatory; and
    v. ensuring that the Works do not constitute conduct that is in breach of the provisions of the Competitions and Consumer Act 2010 (Cth) or that gives rise to an action in passing off, including by undertaking trade practices clearances where appropriate;

  • The Client must ensure that all statements purporting to be facts in the Works are true and correct and that no advice or instructions in the Works will if followed or implemented by any person cause loss, damage or injury to them or any other person;

  • The Client will use and publish the Works at its own risk.

  • The Client will indemnify the Designer against all claims arising from the Designer’s use of any information or documents supplied by the Client or for any act or thing done by the Designer on the Client’s instructions or with the Client’s approval.

LIABILITY

  • Although the Designer will take all care in providing the Services, it accepts no liability to the fullest extent of the law regarding:
    i. any consequential loss, damage or injury, however it may arise;
    ii. any punitive, additional or exemplary damages;
    iii. If the Designer is found to be liable for any claims, losses, damages, costs or injuries arising out of this Agreement, the quantum of the sum of all liability or liabilities is strictly limited to the value of the quote agreed.

RETRIEVAL OF WORK

  • Made By Liat retains electronic archives of completed Works for a period of no longer than 2 years.

  • If The Client looses or accidentally deletes any digital files supplied by Made By Liat at the completion of the Project, Made By Liat can re-upload to DropBox, for free. Providing the request from The Client has been made within 2 years from the date of completion.

  • To the fullest extent permitted by law, the Designer accepts no liability for any loss or damage that may occur to archived work.

RELATIONSHIP OF PARTIES

  • The Designer’s relationship with the Client is that of an independent contractor;

  • Neither the Designer nor the Client will have (and must nor represent that it has) the power, right or authority to bind the other, or to assume or create any obligation or responsibility, express or implied, on behalf of the other or in the other’s name;

  • Nothing stated in this Agreement should be construed as constituting the Designer and the Client has partners, in a joint venture, or as creating the relationship of employer and employee, master and servant or principal and agent between the parties;

  • During the Term the Designer may provide, in any capacity, to any third parties, works or services of any description.

COPYRIGHT

  • All preparation materials, sketches, visuals, unused concepts including the electronic files used to create the project, remain the property of Made By Liat.

  • No copyright or any other intellectual property rights in the materials will be licensed to The Client until Made By Liat has been paid in full.

  • Once the final invoice is paid in full by the Client, Made By Liat will license to the Client copyright, limited to the purpose and media agreed in the quote. Made By Liat’ Fee is based upon this limited license of copyright. If The Client requires a more encompassing license or assignment, this must be the subject of further negotiations between the Client and Made By Liat. An assignment of copyright will only be granted if Made By Liat   provides this in writing.

  • Made By Liat retains personal rights to use completed projects and concept artwork for the purpose of marketing Made By Liat.

  • All images displayed on the Made By Liat website, Instagram or facebook page are subject to copyright, and must not be copied or used without full permission from Made By Liat and the Client. Any breach of copyright will result in legal action being taken as necessary.

  • Made By Liat will assume that The Client is the copyright holder of any text, graphics, photos or designs supplied or that The Client has written permission from the copyright holder to use the supplied text, graphics, photos or designs for commercial purposes.

SELF PROMOTION BY DESIGNER

  • The Client allows Made By Liat to display any projects on the Made By Liat website/ Facebook page / Instagram page / portfolio for self-promotion purposes, including by entering the work in competitions or design publications relating to professional quality and recognition in the Designer’s industry

  • The Client agrees to allow Made By Liat to credit design work on all websites designed by Made By Liat.

TURNAROUND TIMES

  • Made By Liat will make every effort to meet deadlines. All quoted turnaround times are approximate. Made By Liat will not be held responsible or liable for any costs resulting from late artwork or printing deliveries.

APPROVAL

  • Approval is required for all projects, via email prior to work being released.

  • Whilst all care is taken by Made By Liat, Made By Liat is not responsible for any spelling, grammatical, numerical errors or omissions after final approval. Even if these errors are from Made By Liat, it is the Client’s responsibility to proof read and check thoroughly their projects to identify any errors prior to approval.

IMAGES

  • Some designs may contain stock images that are available for purchase.

  • Any images supplied by the Client must be provided in high resolution and preferably in CMYK. Made By Liat is not responsible for colour variations in conversion from RGB to process CMYK.

  • Made By Liat is not responsible for the reproduction quality of supplied images.

COLOR MATCHING & PRINTING

  • Whilst all care is taken, Made By Liat does not take responsibility for Client supplied artwork that does not print properly.

  • Please note that color on projects can vary from screen to final product. Screen proofing is not indicative of final printed piece. Printed colors can vary from printer to printer, job to job, run to run, or even front to back, due to the nature of the CMYK printing process.

  • Trimming can vary from printer to printer.

CONFIDENTIAL INFORMATION

  • If there are any specific confidential requirements surrounding The Project, the Client is to mention this before work begins. Made By Liat will be sensitive to the needs of the business.

  • Made By Liat agrees that during the term of this Agreement it may have access to the Client’s Confidential Information, and agrees to both during and after the Term maintain the Confidential Information and to prevent its unauthorised disclosure to or use by any other person, firm, or company, unless or until authorised in writing to disclose any Confidential Information by the Client.

  • Made By Liat agrees that it must not, both during and after the Term, make improper use of the Client’s Confidential Information to gain directly or indirectly an advantage for itself or for any other person or to cause detriment to the Client.

  • The Client agrees that during the term of this Agreement it may have access to the Designer’s

    Confidential Information and agrees to both during and after the Term maintain the Confidential Information and to prevent its unauthorized disclosure to or use by any other person, firm, or company, unless or until authorized in writing to disclose any Confidential Information by Made By Liat.

  • The Client agrees that it must not, both during and after the Term, make improper use of the

    Made By Liat’ Confidential Information to gain directly or indirectly an advantage for itself or for any other person or to cause detriment to Made By Liat.

  • If Project’s are shared on Made By Liat’ social media pages, it is usually only after it has been finalized. If sharing midway through a Project, Made By Liat will always ask for The Client’s permission first.

RETURN & SHIPPING FOR ARTWORK & MERCHANDISE SOLD ON MADE BY LIAT STORE

  • All artworks and merchandise are hand made to order from Nelson, New Zealand and the highest possible care will be taken for each order. That means it can take a little time to create and ship artwork.

  • At this stage, artwork is only shipped without frames.

100% CUSTOMER PROTECTION

  • If your new artwork or merchandise is damaged in transit, or in the unlikely case you receive a damaged item, Made By Liat will quickly replace it for you free of charge.

  • Simply email hello@madebyliat.com  with your order number and it will be taken care of shortly.

SALE ITEMS

  • Artwork and merchandise orders are dispatched within 3-5 business days. Orders are shipped via NZPost. If you require Express Post options, please contact me at hello@madebyliat.com

SHIPPING INTERNATIONALLY

  • Please note, the shipping costs may vary following countries and can be higher than local costs. Orders will be dispatched within 3-5 business days.

  • Please note, Made By Liat is unable to accept returns for change of mind for International orders. If your order is badly damaged in transit, Made By Liat may replace the item for you. Please contact hello@madebyliat.com for further help.

  • Generally orders will be received within 10-15 working days, although certain destinations may take longer and are out of control from Made By Liat

DUTIES AND TAXES

  • Please be aware that any items shipped internationally may incur additional fees and duties levied by customs. As the recipient of the item, you are responsible to pay any of the taxes and duties levied by the country you are shipping to. Your package will not be released from customs until these payments are made. Made By Liat is unable to advise how much these duties will cost, please ensure you aware of the cost of these fees before you make your purchase.

COPYRIGHT

  • Unless otherwise indicated, copyright of Made By Liat artwork and the information on this website (including but not limited to; text, images, graphics, logos) is owned by Made By Liat. All right reserved.

 PRIVACY

  • Any personal information that you provide to us, including your name, address, telephone number and email address will never be released, sold or rented to any entities or individuals outside of Made By Liat.

  • Made By Liat do not collect or record any payment details, all payments are processed through bank transfers, paypal or venmo.